(e) “Indian tribe” means any Indian tribe, band, nation,
or other organized group or community, including any Alaska Native
village or regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688)
[43 U.S.C. 1601 et seq.], which is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians;

(f) “indirect costs” means costs incurred for a common
or joint purpose benefiting more than one contract objective, or which
are not readily assignable to the contract objectives specifically
benefited without effort disproportionate to the results achieved;

(g) “indirect cost rate” means the rate arrived at
through negotiation between an Indian tribe or tribal organization
and the appropriate Federal agency;

(h) “mature contract” means a self-determination contract
that has been continuously operated by a tribal organization for three
or more years, and for which there are no significant and material
audit exceptions in the annual financial audit of the tribal organization:
Provided, That upon the request of a tribal organization or the tribal
organization’s Indian tribe for purposes of section 450f(a)
of this title, a contract of the tribal organization which meets this
definition shall be considered to be a mature contract;

(i) “Secretary”, unless otherwise designated, means
either the Secretary of Health and Human Services or the Secretary
of the Interior or both;

(j) “self-determination contract” means a contract
(or grant or cooperative agreement utilized under section 450e-1 of
this title) entered into under part A of this subchapter between a
tribal organization and the appropriate Secretary for the planning,
conduct and administration of programs or services which are otherwise
provided to Indian tribes and their members pursuant to Federal law:
Provided, That except as provided[153] the last proviso
in section 450j(a)[154], no contract (or grant or cooperative agreement utilized
under section 450e-1 of this title) entered into under part A of this
subchapter shall be construed to be a procurement contract;

(k) “State education agency” means the State board
of education or other agency or officer primarily responsible for
supervision by the State of public elementary and secondary schools,
or, if there is no such officer or agency, an officer or agency designated
by the Governor or by State law;

(l) “tribal organization” means the recognized governing
body of any Indian tribe; any legally established organization of
Indians which is controlled, sanctioned, or chartered by such governing
body or which is democratically elected by the adult members of the
Indian community to be served by such organization and which includes
the maximum participation of Indians in all phases of its activities:
Provided, That in any case where a contract is let or grant made to
an organization to perform services benefiting more than one Indian
tribe, the approval of each such Indian tribe shall be a prerequisite
to the letting or making of such contract or grant; and

(m) “construction contract” means a fixed-price or
cost-reimbursement self-determination contract for a construction
project, except that such term does not include any contract (1) that
is limited to providing planning services and construction management
services (or a combination of such services); (2) for the Housing
Improvement Program or roads maintenance program of the Bureau of
Indian Affairs administered by the Secretary of the Interior; or (3)
for the health facility maintenance and improvement program administered
by the Secretary of Health and Human Services.

* * * * * * *

Sec. 104.

* * * * * * *

(e)[25 U.S.C.
450i] Notwithstanding the provisions of sections 8347(o), 8713, and
8914 of title 5, United States Code, executive order, or administrative
regulation, an employee serving under an appointment not limited to
one year or less who leaves Federal employment to be employed by a
tribal organization, the city of St. Paul, Alaska, the city of St.
George, Alaska, upon incorporation, or the Village Corporations of
St. Paul and St. George Islands established pursuant to section 8
of the Alaska Native Claims Settlement Act (Public Law 92-203), in
connection with governmental or other activities which are or have
been performed by employees in or for Indian communities is entitled,
if the employee and the tribal organization so elect, to the following:

* * * * * * *

(2) To retain coverage, rights, and benefits under chapter 83 (“Retirement”) or chapter 84 (“Federal Employees Retirement
System”) of title 5, United States Code, if necessary employee
deductions and agency contributions in payment for coverage, rights,
and benefits for the period of employment with the tribal organization
are currently deposited in the Civil Service Retirement and Disability
Fund (section 8348 of title 5, United States Code); and the period
during which coverage, rights, and benefits are retained under this
paragraph is deemed creditable service under section 8332 of title
5, United States Code. Days of unused sick leave to the credit of
an employee under a formal leave system at the time the employee leaves
Federal employment to be employed by a tribal organization remain
to his credit for retirement purposes during covered service with
the tribal organization.

[154]
Section 450j(a), referred to
in subsection. (j), was repealed and a new subsection. (a) of section
450j was added by P. L. 103-413, title I, §102(10), Oct. 25,
1994, 108 Stat. 4253, which does not contain provisos.

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